Chooseco Alleges Netflix never recieved a license for use of its trademark.

By Adam Bankhurst

Netflix has been sued over Black Mirror: Bandersnatch by a children's book publisher who owns the trademark to "Choose Your Own Adventure."

As reported by THR, Chooseco, LLC, who owns the previously mentioned trademark, filed a lawsuit in Vermont federal court today and said that while it and Netflix had been in "extensive negotiations that were ongoing for a number of years," the streaming company was never granted a license to use its trademark.

"Chooseco and Netflix engaged in extensive negotiations that were ongoing for a number of years, but Netflix did not receive a license," the complaint reads. "On at least one occasion before the release of Bandersnatch, Chooseco sent a written cease and desist request to Netflix asking Netflix to stop using the CHOOSE YOUR OWN ADVENTURE mark in connection with its marketing efforts for another television program."

Chooseco has said that "Netflix is benefiting from an association with its iconic brand," as Bandersnatch has been "widely discussed in the press as being connected to the phrase, "Choose Your Own Adventure."

Another point of contention in Bandersnatch, according to Chooseco, is when main character Stefan Butler is explaining to his father that the game he is creating is inspired and based off of a fictional book and uses the phrase, "it's a 'Choose Your Own Adventure' book."

Netflix has yet to respond to these allegations but, as THR points out, it will "likely defend itself by pointing to allowances for descriptive fair use" and it has avoided using the phrase "Choose Your Own Adventure" in any of its advertising.

Chooseco is demanding $25 million in damages or Netflix's profits from Bandersnatch, whichever ends up being a greater number.

Chooseco has owned the trademark since the 1980s and has sold over 265 million of its Choose Your Own Adventure books. It has also taken other companies to court for using the phrase, including DiamlerChrysler for using it in an ad campaign for Jeeps.